India sets appointment rules for National Tribunals Commission

India’s Union Law Ministry has issued rules to standardise the appointment and service conditions of chairpersons and members of tribunals and appellate bodies. Published on Thursday after being issued on September 30, the rules will allow the newly created National Tribunals Commission to appoint officials to 16 tribunals and appellate bodies. They cover recruitment, eligibility, remuneration and an inquiry process for misconduct complaints.

Under the rules, the commission’s chairperson will receive ₹2.5 lakh a month, while its members will receive ₹2.25 lakh. Similar pay is prescribed for tribunal chairpersons and members, subject to specified exceptions. Vacancy procedures must begin at least six months before a post becomes vacant.

Search-cum-selection committees will assess applicants through expert evaluation and personal interaction, with writing exercises used where appropriate. The commission is to be headquartered in Delhi and comprise a chairperson and four members. Two members will have judicial backgrounds and two will be technical members.

A retired Supreme Court judge or retired Chief Justice of a High Court may head the body. The commission was established after Parliament passed the Tribunals Reforms Bill in August. The legislation followed a Supreme Court direction aimed at creating an independent and professionally equipped institution with transparent appointment procedures and oversight.

The court had recently struck down provisions of the Tribunals Reforms Act, 2021, saying they conflicted with separation of powers and judicial independence. It also said the provisions did not conform to earlier rulings on the appointment, tenure and functioning of tribunal members. The new framework is intended to create a common process for selecting tribunal leadership and members, while formalising the body responsible for managing those appointments.